A Virginia Man Was Convicted Of Assaulting A 14-Year-Old — But He Won't Get Jail Time

A former high school wrestler in Virginia will receive no active jail time for sexually assaulting a minor after a judge opted not to enforce a two-year sentence of active prison time. Although a Chesterfield Circuit Court judge initially sentenced now 19-year-old Logan Michael Osborn to a 10-year prison sentence, with eight of the years suspended, after he was convicted of sexually assaulting a 14-year-old girl, that judge has twice ruled to delay imposing the two-year active prison time despite Osborn's conviction and guilty plea.

Chesterfield Circuit Court Judge T. J. Hauler decided Wednesday to once again delay imposing active prison time on Osborn, who pleaded guilty to the charge of carnal knowledge as part of a plea deal in September. Osborn had been accused him of tying a belt around a 14-year-old girl's neck and hands and forcing her to perform a sex act in late April of 2017.

While Osborn's attorney argued the sex act was consensual, prosecutors said Osborn forced himself on the girl, local NBC affiliate WCMH reported. Under Virginia state law, individuals age 17 or younger are not legally able to consent to sexual activity and sex with an individual aged 13 or 14 is considered to be a Class 4 felony. At the time of the assault Osbourn was 18 years old and a senior at Cosby High School.

In January, Judge Hauler sentenced Osborn to 10 years in prison with eight of those years suspended, meaning Osborn would face only two years of active prison time. But Hauler held off on immediately activating that two-year term, saying he wanted to continue to review the case before deciding "how much of the two years you will actually serve," the Richmond-Times Dispatch reported. On Wednesday, Judge Hauler again ruled to delay imposing Obsborn's two-year term. According to the Richmond-Times Dispatch, Hauler noted in his ruling Wednesday that Virginia's sentencing guidelines did not directly call for incarceration but rather probation.

"The family is disappointed that the defendant will not serve any active incarceration for the brutal attack on the victim," NBC affiliate WCMH reported prosecutor Erin Barr said following Hauler's decision. "They do not believe justice has been served and shared concern for community safety and future potential victims."

Prosecutors had argued that a psychologist believed Osborn had a "high" risk of reoffending. They noted he had previously been accused of inappropriate sexual conduct at least seven times, including an incident that resulted in him being charged roughly six years prior to the alleged assault in April 2017, the Richmond-Times Dispatch reported.

Osborn's attorney, however, hailed the judge's decision not to impose any active prison time on his client as "a fair outcome considering all of the factors involved."

"A sentencing hearing is always a balancing act for the court," local CBS affiliate WTVR reported Osborn's attorney Todd Stone said in a statement. "There was compelling evidence that my client could contribute significantly to society in a variety of ways and that, despite facing tremendous obstacles as an 18-year-old, he matured and managed to put himself on a very positive track for the future."

Although Osborn will not serve any active prison time, he will reportedly be forced to register as a sex offender, according to the Richmond-Times Dispatch.